The Concept of Ombudsman for Children

1
The Concept of Ombudsman for Children

• The Norwegian Ombudsman for Children
• Reidar Hjermann
• Beijing 2. June 2005

2
The history of Ombudsman for Children

• 1979 International Year of the Child focus
  on Childrens rights
• 1981 First Ombudsman for Children established in
  Norway
• 1989 CRC adopted
• Rapid growth in the numbers of Ombudsmen for
  Children
• Variety of models

3
Convention of the Rights of the Child

• Article 4
• governments must undertake all appropriate
  legislative, administrative and other measures
  for the implementation of the rights recognized
  in the CRC.
• Does not require governments to create human
  rights institutions for children.

4
The Committee on the Rights of the child

• Emphasises the importance of an independent body
  established to promote and protect the rights of
  the child, such as an Ombudsman or Commissioner
• General Comment No 2
• The Committees guidelines to governments
  preparing their periodic reports

5
General Comment No 2

• Independent institutions have a vital role in
  monitoring, promoting and protecting childrens
  rights
• Should be legislatively mandated with broad
  scope, specific functions, powers and duties
  relating to children and linked to the CRC

6
The Aims of an Ombudsman for Children

• Monitor, promote and protect the rights of the
  children
• Improve access to existing rights
• Promote recognition of human rights not yet
  embodied in legislation or practice.

7
Why an Ombudsman for children?

• Children are a particularly vulnerable group
• Particularly vulnerable to human rights
  violations
• Special measures are needed to promote and
  protect their rights

8
Why an ombudsman for children?

• Children have no political power
• Children have no vote and no access to lobbies
  that influence government agendas
• Children have limited access to complaints
  mechanisms, legal system and courts
• Spokesperson for children

9
Why an Ombudsman for Children?

• Necessary with a place children can present
  their views and raise their concerns

10
Why an Ombudsman for Children?

• The children are the resources of the future.
• Improve the childrens situation now
  
• better society in the future

11
The Ombudsman for Children the functions

• Influencing policy makers and practitioners to
  take greater account of the rights for children
• Principles of the CRC
• Article 2 non-discrimination
• Article 3 best interests of the child
• Article 6 the right to life and development
• Article 12 the right to express their view
  freely

12
The Ombudsman for Children the functions

• The Ombudsman must be a voice for children
• Channel of communications between children and
  other government
• Promoting the respect for the views of children,
  CRC Article 12
• Be accessible for children

13
The Ombudsman for Children the functions

• Ensuring that the Ombudsmans work is directly
  informed by the views of the children
• Ensuring that the view of the children are
  reflected in proposals, reports, responses,
  research and strategies
• Establishing structures through which childrens
  views could be directly and effectively
  represented
• Monitoring compliance with Article 12

14
The Ombudsman for Children the functions

• Raising awareness of child rights among children
  and adults
• CRC Article 42 obligation on governments to make
  CRC known
• Producing and disseminating information about
  childrens rights
• Compiling and analysing data on children
• Using the media
• Training professionals
• Events to increase awareness

15
The Ombudsman for Children the functions

• Ensuring that children have effective means of
  redress when their rights are violated
• Institutions advocating for individual children
• Institutions advocating for children as a group

16
Essential Characteristics of an Ombudsman for
Children

• Monitoring the governments compliance to CRC
  (article 4)
• Reminding government of its reporting obligations
• Producing supplementary report to the official
  State party report

17
Essential Characteristics of an Ombudsman for
Children

• Independent
• Best provided if established by law and appointed
  by Parliament
• Political neutral
• Functional autonomy set and pursue own agenda
• Requires great integrity and diplomatic skills
• Base its actions on solid legal and professional
  knowledge
• Access to all relevant information
• Financial autonomy

18
Essential Characteristics of an Ombudsman for
Children

• Clear mandate and power
• Established by law, link to CRC
• Power to investigate, issue reports, give
  statements and be consulted
• Close to decision-making bodies
• Necessary resources
• Collaboration with other agents

19
Essential Characteristics of an Ombudsman for
Children

• Accountability
• To parliament and/ or government
• To the children
• Accessibility for children
• Information to and from children
• Providing remedies for breaches of childrens
  rights (individual or group)

20
Different countries different models

• Different models
• Ombudsman for Children
• Other human right institutions protecting
  childrens rights
• Part of Ombudsmans institutions with broader
  mandate
• Part of human rights institutions

21
Ombudsman for Children or part of an institution
with a broader mandate?

• Advantages of specialized institution
• Exclusive focus on children
• Promote itself directly to children
• Advantages of an integrated institution
• Recognition of that children and adults are equal
• Greater opportunity for cooperation
• Might be more powerful
• Important conditions specific post dedicated to
  children that may address children directly

22
Arguments against establishing an Ombudsman for
Children

• The Ombudsman might weaken parental authority
• The funds needed to run the office should be used
  in other ways to strengthen or improve the
  situation for children
• The existence of the office might cause other
  bodies to relinquish their responsibility
  regarding the interests of children
• There is no need for more bureaucracy.

23
Vision

• That children shall experience to be seen, heard
  and valued
• That children and adults are viewed as equals
• That children are looked upon as competent
  individuals
• That one looks at the possibilities in working
  with children